Florida House Bill 919, known as the "Homeowners' Association Bill of Rights," introduces significant revisions and enhancements to the governance and regulation of homeowners' associations (HOAs). These changes are designed to provide increased transparency, accountability, and protection for homeowners within these associations. Here is an overview of the key provisions of the bill:
Meeting Notices: The bill requires that all notices for HOA board meetings must specify the agenda items to be discussed, ensuring that homeowners are well-informed about meeting topics.
Email Notices**: It revises the rules regarding the use of a member's email address for sending notices, allowing members to designate an alternative email address for receiving required notifications.
Deposit Handling: If an HOA collects a deposit from a member, it mandates that these funds must not be commingled with other association funds. Members have the right to request an accounting of these funds, and unused funds must be refunded within 30 days after the completion of the related activity, such as construction.
Kickbacks: The bill subjects officers, directors, or managers who accept kickbacks to monetary damages under existing Florida law related to civil liability for corporate officers and directors.
Removal of Officers/Directors: It provides grounds for the removal of officers or directors, including charges related to crimes such as forgery of a ballot envelope, theft or embezzlement of association funds, destruction of or refusal to allow inspection of association records, or obstruction of justice.
Conflict of Interest Disclosure: Directors and officers, including those in developer-controlled associations, must disclose activities that may pose a conflict of interest.
Developer Appointments: The bill clarifies that a developer's appointment of an officer or director does not automatically imply a conflict of interest concerning their official duties.
Fines and Notices: It revises the notice requirements for imposing and collecting fines, ensuring that members receive proper notice of violations and an opportunity to cure them if applicable.
Criminal Prohibitions: House Bill 919 introduces criminal prohibitions related to fraudulent voting activities, which can be punishable as first-degree misdemeanors. These activities include preventing members from voting and using threats, intimidation, or bribery to influence or deter a member's voting.
Homebuyers considering properties within HOAs in Florida should be aware of these changes as the bill aims to enhance the rights and protections of homeowners in HOAs, promote ethical conduct within associations, and foster transparency and fairness in their operations. It addresses a wide range of issues, from meeting procedures to financial transparency and criminal penalties for misconduct within the association.
